Philadelphia Backlog Elimination Center Tracking

[sbdol]

H1B is also known as LCA application, Labor Conditional Application. This is a condition visa where it will expire after certain period of time. When one files the LC, Labor Certification, and gets approved it is approved for indefinite period of time. There is no expiration of such LC. The current proposal of alien beneficiary substitution of 45 days rule is still needs to be reviewed. So, I would say there is a vast difference between LCA and LC application. Getting LCA won’t let the alien to qualify to file the subsequent I-140 and I-485.

.
Hi labordrags,
Agreed. But see the second part of the message.

I agree that this is a very long shot. By why wouldn't they approve automatically all labor certifications that have alredy passed SWAs ? .

.
I always wandered why the LC was a two step process. Didn't DOL trust it's state agencies ? The SWAs had already checked the applications. If something had been wrong an application would not go on the the federal level.
The fact that the application came from a federal office signals that everything in the application was checked and confirmed by the SWA
and BEC should approve it immediately.

 

[labordrags]

Last Summer of '05 when I was in Rajivs office in Arlington, VA, we had an interview with TV reporter, and I mentioned the same thing. Upon which, Rajiv corrected me and cleared the things that I had. I used to think the same, and thats why I originally thought and spitted it out.

 

[saknia]

H1B is also known as LCA application, Labor Conditional Application. This is a condition visa where it will expire after certain period of time. When one files the LC, Labor Certification, and gets approved it is approved for indefinite period of time. There is no expiration of such LC. The current proposal of alien beneficiary substitution of 45 days rule is still needs to be reviewed. So, I would say there is a vast difference between LCA and LC application. Getting LCA won’t let the alien to qualify to file the subsequent I-140 and I-485.

Hi sbdol

Like labor Drags metioned that it has validity period because it is genarlly issued based on the period of work projected by the Clinet for an LCA. One can have many LCA's for different states simultaneously.

Also LCA serves different purpose. Like if you move between Jobs in consulting to various states you need get an LCA for that State. If you work in a state without proper LCA USCIS officer can deport you.It is kind of notification to States concerned that so and so is coming to work in your area etc

Where as the Labor petition is for the final employment by the Company. Like this there are other strings attched to LCA which is why it will be difficult to
consider that as final approval pne

 

[GCRisk]

Same boat

Hi,
I am in the same boat like you. I got a message from my lawyer that, they have closed more than 800 apps by giving the same reason. I have asked my employer and my attorney to re-open and they have sent a request for the same around 3 weeks back. But have not heard anything back. Also, we are planning to go for PERM for a backup.

Hope this helps. If you need info, send me an PM.

Thx

Hi. i hope some body try to help. please
i got a letter yestrday from the PBEC and they closing my case by mistake. they calimed that i did not respond to the 45 days latter. did any body has my setuation and did they reopen the case for him/ her. and can i apply for h1-extension or should i go right away to PREM. please i waited 6 years to get that letter..i applied in APril 2001. i think i deserv more that a letter to close my case. it's my family future.
thanks
PD April 2001
45 r. AUg 2005
respond Sep 2005
closed by erro March 2006
what a nightmare

 

[max2005]

19 months remaining

that is the new one on the dol site -funny after 3 months they go bac to 19 months -when now it was supposed to say 17 months

 

[hangu]

Approved

My labor is approved after 4.5 yrs

Thanks all for your support and information.

 

[dhan007]

that is the new one on the dol site -funny after 3 months they go bac to 19 months -when now it was supposed to say 17 months

They are correct in one thing at least now.

 

[Cric]

that is the new one on the dol site -funny after 3 months they go bac to 19 months -when now it was supposed to say 17 months

19 more months to go, cases getting closed, I don't know what to make out of all these, any inputs?.

 

[javaconsultant]

Congratulations...been a long wait.
Which state ? EB3 or EB2

My labor is approved after 4.5 yrs

Thanks all for your support and information.

 

[saknia]

Good to see 2001 cases getting approved

Congratulations...been a long wait.
Which state ? EB3 or EB2

Deatils of Approval -MD Nov 2001 Approval

State : MD
Application date : Nov 01, 2001
Regional date: feb 06, 2004
BEC letter date: Dec 30, 2004
Letter reply: Jan 10, 2004
RIR (EB3 Iguess)

 

[tomprc]

45-day letter just received last week!

State: MA
Receipt Date: 06/2004

 

[Cric]

45-day letter just received last week!

State: MA
Receipt Date: 06/2004

Can you post more details please.. which state applied from?. priority date... etc etc..

 

[atyagi73]

I am getting hopeful ...

Congrats !!

I am getting hopeful now, lets see .....

My labor is approved after 4.5 yrs

Thanks all for your support and information.

 

[4MyWife]

45 Day letter responses

Team:
Many of us did, will or are replying 45 day letters we receive from PBEC. Great. The computer system has a "grace" period more than 45 days, I hear it is 10 more days on top of 45 days. For example if I received a 45 day letter today and waited 10 days to respond, then it gives PBEC about 30 days to enter my answer back in the system again. However I am sure they are flooded with 45 day letters and it is very likely my answer may not be processed in one month. So thus I may fall under the "close the case due to no-response" category.

This is a very scary thought but i want to say this is true. So two things come to mind:
1. Did PBEC increase their grace period to more than 10 days; say another 45 days to avoid this hazard?
2. Do they run a system report and review all the 45 day no-response cases before they push the button to release such mails to employers/lawyers?

In my case, we responsed to my 45 day letter almost 4 months ago and I hope our response didnt get stuck in the queue and got closed and 2 months later while i am anxiously waiting for an approval notice, I in deed will get a closure nottice. I know this is a pessimistic thought but cant help it.

i hope PBEC is doing something to stop this horrible possibility. This is occuring because they did not design a process with proper "CONTROLS". What in the world is this "45 day notice" ANYWAYS? It is a totally useless procedure that adds more complexity to the process. Just approve or deny the case... What are your thoughts?

 

[googlw123]

This is excellent post that goes right to the heart of the problem. Its quite simple we are stuck in PBEC, we are fighting for it. If we are stuck at 485 stage, we will fight for that. THats it, why its so complicated for IV or anybody to understand. If everybody is so proactive, we would be organizing rallies to safeguard our social security. Its inevitable that we have to fight for SSN funds when we are around retirement age, but that doesn't mean we start our protest right when we are in 20s 30s.

Its condemning if someone tries to discourage BEC lawsuit just to get more support for 140/485 issue.

USCISisMockery:
Thanks for supporting my point of view. In my life I have met many different types of prople, and from my experience in dealiing with them, I found that I can classify them into 3 general kinds: and they are

1) coward
2)chivalrous
3) aloof.

Mos of the cases, the people who are coward, dont have the courage, become aloof and rest on the mercy of their fate. The true coward complains to someone who has nothing to do with the issue and least botherd about the problem. A chivalrous guy does whatever he can do, and is never aloof and encourages other people with positive energy(example: Gandhi, Subhash Bose, McArthur, Patton).

This world is full of #1 and #3 and there are lot of us with the same tag # out of 300000. I work for a company where there are atleast 20 people are stuck in BEC. Most of them are alloof, some of them tries to be smart and say GC is not important. Some of them think lawsuite is useless, and why spent money, some of them think, lets other spend and take the burden, and I will reap the reward. This is why we were ruled for 200 years by British, and again here is in a unjustified mess .

Many of you who work for a big company, and has many collegues stuck in BECs, please try to meet them and make them aware about the fight we are into. I am sure that you will be rediculed(most of the time when you turn back) regarding this lawsuite and writing to news channels. Let it be that way, and remember dogs always bark, be it food or a thief. At the end some of them will follow you

I strongly urge all of you please involve your friends who are in the same boat, try to collect as much fund as we can. If our protest gathers a critical mass, someone will listen.

And for now ignore iv.org. Focus on the point, and avoid bashing each other.

 

[Cric]

Team:
Many of us did, will or are replying 45 day letters we receive from PBEC. Great. The computer system has a "grace" period more than 45 days, I hear it is 10 more days on top of 45 days. For example if I received a 45 day letter today and waited 10 days to respond, then it gives PBEC about 30 days to enter my answer back in the system again. However I am sure they are flooded with 45 day letters and it is very likely my answer may not be processed in one month. So thus I may fall under the "close the case due to no-response" category.

This is a very scary thought but i want to say this is true. So two things come to mind:
1. Did PBEC increase their grace period to more than 10 days; say another 45 days to avoid this hazard?
2. Do they run a system report and review all the 45 day no-response cases before they push the button to release such mails to employers/lawyers?

In my case, we responsed to my 45 day letter almost 4 months ago and I hope our response didnt get stuck in the queue and got closed and 2 months later while i am anxiously waiting for an approval notice, I in deed will get a closure nottice. I know this is a pessimistic thought but cant help it.

i hope PBEC is doing something to stop this horrible possibility. This is occuring because they did not design a process with proper "CONTROLS". What in the world is this "45 day notice" ANYWAYS? It is a totally useless procedure that adds more complexity to the process. Just approve or deny the case... What are your thoughts?

I would think that it won;t be possible to do that because there could be cases which are not valid anymore, the candidate might have left the company/country or the company might have got closed or simply the employer might not be interested in continuing the case anymore for whatever reasons. they get to know if an application is still valid by the employer/attorney.

But the problem comes if there is some delay in receiving the mails by either side or the mails getting lost in transit. If this is one problem the other problem is not getting a letter yet. People applied later have got letters, this adds to lot of confusions and assumptions.

 

[4MyWife]

agreed

I agree with you that 45 day letter do serve a purpose but if they weight the benefit to the cost, it may not be worth doing it.

Regardless, my application is January 2001. I am probably somewhere at the top of the FIFO list of the CAPS system. 4 months passed and assuming I wont get a closure-notice then they must have already touched my case and updated the system with my response. Lets say it took them 2 months to do that, why in the world it is taking "2" months to approve a January 2001 case? Then this would be a direct proof that they are purposely delaying approvals until June 2006 until all data entry... Well...Hence my sleepless nights... Patience is a virtue...

I would think that it won;t be possible to do that because there could be cases which are not valid anymore, the candidate might have left the company/country or the company might have got closed or simply the employer might not be interested in continuing the case anymore for whatever reasons. they get to know if an application is still valid by the employer/attorney.

But the problem comes if there is some delay in receiving the mails by either side or the mails getting lost in transit. If this is one problem the other problem is not getting a letter yet. People applied later have got letters, this adds to lot of confusions and assumptions.

 

[Cric]

I agree with you that 45 day letter do serve a purpose but if they weight the benefit to the cost, it may not be worth doing it.

Regardless, my application is January 2001. I am probably somewhere at the top of the FIFO list of the CAPS system. 4 months passed and assuming I wont get a closure-notice then they must have already touched my case and updated the system with my response. Lets say it took them 2 months to do that, why in the world it is taking "2" months to approve a January 2001 case? Then this would be a direct proof that they are purposely delaying approvals until June 2006 until all data entry... Well...Hence my sleepless nights... Patience is a virtue...

We were talking about getting and responding to a 45 days letter, now what happens after sending a response is one more of PBEC mysteries. I know it can be very irritating and I understand your frustration, we can only hope that we all come out of there in one good shape.

 

[greynicolls]

response from nytimes

for those of us discussing about the influence of media and such, this is the response (in a couple of days ) from the the new york times immigration writer...she is going to look at this forum of ours as the first point of research hopefully...

Thank you for writing. I will certainly take a look at the web site you suggest.
All best,

Nina Bernstein

 

[LedBy]

for those of us discussing about the influence of media and such, this is the response (in a couple of days ) from the the new york times immigration writer...she is going to look at this forum of ours as the first point of research hopefully...

Thank you for writing. I will certainly take a look at the web site you suggest.
All best,

Nina Bernstein

Good job greynicolls..

How about focusing on Ms. Oprah Winfrey..I guess she will join a cause where government failure rip people. (5 years of labor cert waiting, Dependents cant work etc). I'm not sure what is the content of the program.( In fact I almost never watched her program ) . But I am sure it has a great influence. If any one know the contact info please post it here.